Lead paint disclosure: the federal rule every pre-1978 rental falls under
Updated October 2026 · 4 min read
Pre-1978 rentals need a lead disclosure before each lease is signed. HUD's current maximum penalty is $22,263 per violation, and each missing piece can count separately.
Which properties this applies to
The Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X) requires disclosure on residential rental properties built before 1978, when the federal government banned lead-based paint for residential use. The rule applies in every state. If you don't know a property's construction date, treat it as covered until records show otherwise.
What the disclosure requires
Before a tenant signs the lease, landlords must disclose known lead-based paint information for the unit, provide the EPA pamphlet "Protect Your Family From Lead in Your Home," and attach a signed Lead Warning Statement to the lease or as an addendum. Keep the signed records for at least three years.
Penalties
HUD's inflation-adjusted maximum for a lead disclosure violation is $22,263 per violation, per its 2025 adjustment. Each missing part of the disclosure for each lease can count as a separate violation. Tenants who were not properly disclosed to may also sue for treble damages. Confirm current penalty amounts with HUD and EPA, since they are adjusted for inflation.
The part that gets missed
The disclosure applies at every new lease, not just the first one. Landlords who handle it at the first signing often miss it at renewal or turnover. Add it to your calendar for each new tenant on a pre-1978 unit, and keep the signed records where you can retrieve them for three years.
Frequently asked questions
Does lead disclosure apply to a single-family rental?
Yes. The rule applies to any residential rental built before 1978, regardless of size.
What do I have to give the tenant?
Known lead information for the unit, the EPA pamphlet "Protect Your Family From Lead in Your Home," and a signed Lead Warning Statement.
How long do I keep the records?
At least three years.
Sources
Figures in this guide come from these official sources. Rules change, so confirm with the source before acting.
- govinfo.gov/content/pkg/FR-2025-06-12/html/2025-10519.htm
- HUD adjusted maximum penalty for lead disclosure violation is $22,263 per violation (2025 adjustment, 24 CFR 30.65).
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